1. (a) A user may use an online tool to direct the custodian that carries, maintains, processes, receives, or stores the user's digital assets:

   1. (1) to disclose; or

   2. (2) not to disclose;

      some or all of the user's digital assets, including the content of electronic communications to a designated recipient. If the online tool allows the user to modify or delete a direction at all times, a direction by a user to the custodian regarding disclosure through use of an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.

2. (b) If a user has not used an online tool to give a direction under subsection (a) or if the custodian has not provided an online tool, the user, in a will, trust, power of attorney, or other record, may:

   1. (1) allow; or

   2. (2) prohibit;

      disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.

3. (c) A user's:

   1. (1) direction through the use of an online tool under subsection (a); or

   2. (2) provision in a will, trust, power of attorney, or other record under subsection (b);

      overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.

As added by P.L.137-2016, SEC.14.